Inaccurate property description does not render mortgage invalid
Despite errors, a mortgage still contained a “facially valid” description and the mortgage holder was protected from foreclosure.
Indiana Court of Appeals
Articles
Arrest, search of woman who walked from police unconstitutional
Indianapolis police who arrested and searched a woman after she walked away from them violated her Fourth Amendment rights, the Indiana Court of Appeals ruled Tuesday.
Decision against trying to bifurcate did not prejudice jury
Refusing to second-guess trial strategy, the Indiana Court of Appeals found an East Chicago man did not meet his burden to prove he had ineffective counsel.
Court orders portion of roof removed due to trespass
The Indiana Court of Appeals affirmed a jury verdict in a trespass and negligence lawsuit brought in a dispute over water draining from a housing development into neighboring property. In doing so, the judges ordered part of a roof to come down due to trespass.
COA rejects BMV’s request for relief from judgment
The state of Indiana did not establish prima facie error in the trial court’s denial of its motions for relief from judgment in two cases in which the lower court ordered the reinstatement of drivers’ licenses without proof of future financial responsibility, the Court of Appeals held Thursday.
COA affirms negligence action barred against woman’s employer
An employee who received workers’ compensation benefits for her injury on work property is barred by the Workers’ Compensation Act from filing a negligence lawsuit against her employer and its subsidiaries, the Indiana Court of Appeals affirmed Wednesday.
COA: CDL holder cannot enter diversion program for alcohol offenses
A man who held a commercial driver’s license and pleaded guilty to two misdemeanor drunken-driving offenses cannot participate in a diversion program, the Indiana Court of Appeals ruled Tuesday. One judge on the panel had concerns that the law treats CDL holders and those without a CDL differently.
Doctors’ affidavits cannot defeat summary judgment
The affidavits submitted as evidence by the treating physicians being sued for medical malpractice were factually inadequate and did not raise a genuine issue of material fact regarding their care of the plaintiff, the Indiana Court of Appeals held Monday.
COA declines to extend civil ruling to PCR case
The Indiana Court of Appeals rejected an inmate’s request that In re Adoption of O.R. provides him an option for filing a belated notice of appeal.
Dog sniff during traffic stop did not violate Constitution
The time it took for the police pup to arrive and sniff around a vehicle did not unreasonably prolong the traffic stop in violation a driver’s Constitutional rights, the Indiana Court of Appeals has ruled.
Court split on whether defendant’s actions were proximate cause of injury
A divided Indiana Court of Appeals ordered a man’s Level 6 felony resisting law enforcement conviction reduced to a misdemeanor because of a lack of evidence his actions were the proximate cause of the police officer’s injury during a foot chase.
Appeals court reduces woman’s restitution order
The Indiana Court of Appeals reduced a woman’s restitution owed to her ex-employer for money she stole over the course of a three-year period. The judges found no connection between additional missing funds and the defendant.
COA dismisses credit card debt appeal
The Indiana Court of Appeals dismissed a woman’s appeal of a default judgment entered against her regarding credit card debt because she did not file an Ind. Trial Rule 60(B) motion for relief.
COA: Survivor benefit plan is a marital asset
Ruling on an issue barely touched upon in a previous decision, the Indiana Court of Appeals determined that a survivor benefit plan of a military pension should have been included in the marital pot when calculating asset distribution in a divorce.
COA agrees man’s Ohio convictions don’t support SVF charges
Because the elements of the Ohio residential burglary statute used as the basis to charge a defendant as a serious violent felon in Indiana are not substantially similar to the Indiana statute, the Indiana Court of Appeals affirmed dismissal of the defendant’s SVF charges.
Justices agree: No mistrial because of juror’s Facebook friend
The Indiana Supreme Court granted transfer to a case to affirm the Court of Appeals decision denying a mistrial for a man who argued a juror’s being “friends” with the victim’s relative on Facebook required the mistrial.
Rental car insurance policy excludes UIM coverage
The Indiana Court of Appeals reversed the denial of an insurance company’s motion for summary judgment in a lawsuit brought by a customer injured in a car accident who had purchased optional supplemental liability protection when renting a car. The trial court incorrectly denied the company’s motion for summary judgment on the premise it did not provide uninsured or underinsured motorist coverage to the customer.
Judge wants state to discard ‘archaic’ coverture fraction
The Indiana Court of Appeals upheld the division of a husband’s pension through the use of the coverture fraction, but one judge questioned why Indiana continues to use the doctrine which has its origin in an “outdated and misogynist view” of the rights and roles of men and women.
COA finds 1 out of 3 dental advertising regulations unconstitutional
The regulation that compels dentists to disclose every dentist within the practice in advertisements is unconstitutional, the Indiana Court of Appeals held Wednesday. It held two other challenged regulations regarding advertising are not unconstitutional.
Court affirms in part lien priority ruling
A trial court correctly concluded that a living trust, which held a purchase-money mortgage over a property in question, had first priority in enforcing a lien against the property, the Court of Appeals ruled Tuesday.